Judgment_paragraph 78 · Changmao Biochemical Engineering Co. Ltd v European Commission (C-123/21 P)

78Furthermore, the Court stated that the assessments resulting from the case-law cited in paragraph 76 of the present judgment were not called into question by the fact that recital 3 of the Basic Regulation states that the rules of the Anti-Dumping Agreement should be transposed into EU law ‘to the best extent possible’. That expression must be understood as meaning that, although the EU legislature intended to take account of the rules of the Anti-Dumping Agreement when adopting that regulation, it did not, however, express the wish to transpose each of those rules into that regulation. The conclusion that the purpose of Article 2(7) of the Basic Regulation is to give effect to the specific obligations contained in Article 2 of the Anti-Dumping Agreement cannot therefore in any event be based in isolation on the wording of that recital (see, to that effect, in particular, judgment of 5 May 2022, Zhejiang Jiuli Hi-Tech Metals v Commission, C‑718/20 P, EU:C:2022:362, paragraph 89 and the case-law cited).